Delaware § 1122 Devolution of rights

Delaware Statutes

§ 1122 — Devolution of rights

Delaware·Title 16·Part Regulatory Provisions Concerning Public Health·Ch. 11 Long-Term Care Facilities and Services·Subch. Rights of Residents.

Where consistent with the nature of each right in § 1121 of this title, particularly as they pertain to a resident adjudicated incompetent in accordance with Delaware law, if the resident is determined to need a representative under federal law, or the presumption of the resident’s capacity is rebutted under § 2504 of this title, all rights devolve to the resident’s authorized representative, as established under any of the following:

(1)An “advance health-care directive,” as defined under § 2502 of this title.

(2)[Repealed.]

(3)A court-appointed guardian pursuant to Chapters 39 and 39A of Title 12, in accordance with the authority granted by the appointing court.

(4)A default surrogate appointed under Chapter 25 of this title.

(5)An individual who is otherwise authorized under a

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Where consistent with the nature of each right in § 1121 of this title, particularly as they pertain to a resident adjudicated incompetent in accordance with Delaware law, if the resident is determined to need a representative under federal law, or the presumption of the resident’s capacity is rebutted under § 2504 of this title, all rights devolve to the resident’s authorized representative, as established under any of the following:

(1) An “advance health-care directive,” as defined under § 2502 of this title.

(2) [Repealed.]

(3) A court-appointed guardian pursuant to Chapters 39 and 39A of Title 12, in accordance with the authority granted by the appointing court.

(4) A default surrogate appointed under Chapter 25 of this title.

(5) An individual who is otherwise authorized under applicable law to make the health-care decisions being made by execution of the DMOST form on the patient’s behalf under Chapter 25A of this title.

(6) A sponsoring agency or representative payee, except where the facility itself is the representative payee, selected under § 205(j) of the Social Security Act (42 U.S.C. § 405(j)).

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